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1996 SESSION
HB 1041 Civil immunity for public school teachers.
Introduced by: J. Randy Forbes | all patrons ... notes | add to my profiles
SUMMARY:
Supervision, care or discipline of students; civil immunity for public school teachers under certain circumstances. Codifies a Virginia Supreme Court decision (Lentz v. Morris, 236 V. 78 (1988)) by granting immunity from civil damages to public school teachers (elementary and secondary) when acting in good faith within their scope of employment while supervising, caring for, or disciplining students, unless the acts or omissions were the result of gross negligence or willful misconduct. Applying a previously developed test for immunity, the Lentz court held that the physical education teacher in the case was not liable, i.e., "the employee is performing a vitally important public function as a school teacher. The governmental entity employing the teacher, the local school board, has official interest and direct involvement in the function of student instruction and supervision, and it exercises control and direction over the employee through the school principal. Moreover, a teacher's supervision and control of a physical education class, including the decision of what equipment and attire is to be worn by the student participants, clearly involves, at least in part, the exercise of judgment and discretion by the teacher."
FULL TEXT
HISTORY
- 01/22/96 House: Presented & ordered printed 967457739
- 01/22/96 House: Referred to Committee for Courts of Justice
- 01/25/96 House: Assigned to C. J. sub-committee: 2
- 02/09/96 House: Continued to 1997 in Courts of Justice (16-Y 6-N)